Attitudinal Discretion and the Prospects for Reinvigorating Antitrust: A Look at the New Federal Rules

AUTHOR'S NOTE: This article was prepared for An Antitrust Revival? Constructing Policies and Goals for a Revitalized Economy, a conference jointly sponsored by The Antitrust Bulletin and the St. Mary's University School ofLaw, held in San Antonio, Texas, on May 21, 1993. It was originally delivered under the title "Using Antitrust as a Measure of Civil Reform's Success: Predatory Litigation and the New Federal Rules." The author thanks William J. Curran III and Professor Robert H. Lande for inviting him to participate in the Conference, and the St. Mary's University School ofLaw for its financial support.